Multistate Professional Responsibility Exam Practice Question
A lawyer represents a company involved in a financial disagreement. The other person does not have counsel and seeks the lawyer’s input on potential settlement ideas. The lawyer then provides multiple suggestions that could benefit the other person. What best describes the lawyer’s obligations?
The lawyer is permitted to explain potential settlement methods if they clarify the information is not advice
The lawyer may discuss options that help the unrepresented person secure a more favorable resolution
The lawyer should explain the advice given is "general" rather than "legal" advice.
The lawyer should refrain from advising on the matter and suggest that the individual seek counsel
Lawyers must maintain their role as an advocate for their client while avoiding conduct that confuses an unrepresented person about the lawyer’s representation. The first and second answers reflect situations where the lawyer offers detailed guidance to the unrepresented individual, which can create misunderstanding about who the lawyer represents. The safest approach is to limit or avoid giving legal advice and encourage the unrepresented person to get independent representation.
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Multistate Professional Responsibility Exam
Transactions and communications with persons other than clients